Disputes Involving Breach Of Fiduciary Duties
When an individual or an entity placed in charge of an estate, trust or conservatorship (a “fiduciary”) is accused of placing the interests of the fiduciary before the interests of the beneficiaries, litigation can follow.
At Hinojosa & Forer LLP, our lawyers represent fiduciaries, as well as beneficiaries and other parties involved in these disputes. Our experience will guide you through any fiduciary litigation, whether someone has accused you of breaching your fiduciary duty to someone else or where you believe a fiduciary is breaching its duty to you.
What Damages Can Be Recovered?
Under California probate law, if there is a breach of fiduciary duty by a trustee, a trustee could be liable for, among other things:
- Loss in value of the trust estate because of the breach
- The trustee’s profit made through the breach of trust
- Loss in profit due to the breach
The court can use its discretion to determine if the trustee acted “reasonably and in good faith” under the circumstances. If an individual is found to have acted reasonably and in good faith, the fiduciary may not be found liable for a breach of duty. In other instances, the fiduciary might be found not to have acted in bad faith, but still be found technically liable to the trust for a “strict liability” breach that caused damage.
Litigation involving allegations of breach of fiduciary duty can be complicated, often involving technical knowledge of the California Probate Code, case law and treatises covering these issues. Hinojosa & Forer LLP is uniquely experienced with these kinds of cases. If you have been accused of a breach of fiduciary duty or believe you have been damaged after a trustee or other fiduciary violated a statute or otherwise acted improperly, contact our firm in Los Angeles.